Anne Bucher  |  January 16, 2017

Category: Closed Class Actions

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CB1 unfair debt collection

A settlement has been reached in a class action lawsuit alleging CB1 Inc. improperly collected a surcharge for the use of debit or credit cards. If you paid a surcharge to CB1 for credit or debit card use since Oct. 22, 2013, you may be entitled to payment from the unfair debt collection class action settlement.

The CB1 class action lawsuit was filed in October 2015 by plaintiffs William Wittman and Amber Bellamy. They say they incurred medical bills at the Billings Clinic for the treatment of various health issues, and that their bills were placed for collection with CB1.

CB1 reportedly sent requests for payment to the plaintiffs, which indicated they would be charged a fee of 2.5 percent for the use of credit or debit card when making a payment. According to the CB1 surcharge class action lawsuit, CB1 had agreed with card issuers that they would not charge a fee for customers who pay with a credit card.

“The class members are consumers who may be unable to locate or afford counsel,” Wittman and Bellamy state in the CB1 class action lawsuit. “Most are probably unaware that their legal rights have been [violated]. The amount of damages per consumer, while not insignificant, are generally small and thus a consumer class action is particularly well suited to address violations and for recovery by the class.”

The CB1 surcharge class action lawsuit accuses CB1 of violating the Fair Debt Collection Practices Act and the Montana Consumer Protection Act.

Without admitting wrongdoing, CB1 has agreed to pay $400,000 into a class action settlement fund to be used to pay Class Members’ claims, attorneys’ fees, costs, expenses and administration costs.

According to the CB1 class action settlement documents, more than 11,700 Class Members may be eligible for compensation.

Class Members who wish to opt out of or object to the CB1 surcharge settlement must do so no later than Feb. 18, 2017.

Who’s Eligible

Class Members of the CB1 surcharge settlement include: “All persons who, during the period October 22, 2013 to the date of Preliminary Approval, paid a surcharge for credit or debit card use in making a payment to CB1.”

The CB1 surcharge settlement was preliminarily approved on Dec. 20, 2016.

Potential Award

It is estimated that the amount paid to each Class Member will be around $13.32.

Proof of Purchase

N/A

FAQs

FREQUENTLY ASKED QUESTIONS »

Claim Form Deadline

N/A. Class Members who do not opt out of the CB1 class action settlement will automatically receive payment in the form of a check sent to their last known address.

If you would like to opt out of the CB1 surcharge class action settlement, you must do so no later than Feb. 18, 2017.

Case Name

William Wittman, et al. v. CB1 Inc., Case No. 1:15-cv-00105, in the U.S. District Court for the District of Montana, Billings Division

Final Hearing

5/24/2017

Settlement Website

www.SurchargeSettlement.com

Claims Administrator

Wittman v. CB1 Inc.
Claims Administrator – Kurtzman Carson Consultants
P.O. Box 43434
Providence, RI 02940-3434
1-866-665-0539

Class Counsel

John Heenan
BISHOP HEENAN & DAVIES
(406) 839-9091

Mike Eakin
406 LAW
(406) 969-6001

Defense Counsel

James A. Rolfes
REED SMITH LLP

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6 thoughts onCB1 Unfair Debt Collection Class Action Settlement

  1. william j sims says:

    The real purpose of class actions is to inflict monetary damages to the offender as to deter others from misleading and deceptive trade practices. Having said that, judging from the volume and consistency of class actions the idea may not be working, perhaps criminal charges should follow after the civil suit is settled whether disclosed or not just the threat of individual criminal charges will incentivise expects to perform their due diligence. Just a suggestion.

  2. Debra Davis says:

    Amen to that some people pass away not knowing how they was Swindle added airwise trying to keep a credit card at people just taking this all that not right

  3. melinda zenisek says:

    p

  4. melinda zenisek says:

    paid surcharges

  5. Forthem says:

    So the lawyers are getting paid almost 250,000.00. They are victims that were screwed out of their money, and now they being screwed twice. You guys are to help clients not help yourselfs.

    1. Keli says:

      You said it right!

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